To my thinking the two greatest potential impediments to 2nd Amendment gains in appellate courts are (1) Activists (I can't bring myself to include the term "well-meaning" in Mr. Embody's case) who unabashedly provoke confrontation to generate a lawsuit, and (2) Defense attorneys who throw in 2nd Amendment defenses for criminal defendants in drug and/or weapons trafficking cases.

But the criminal defense attorneys at least have an ethical obligation to make non-frivolous arguments to benefit their clients. I'm a firm believer in the old adage, "bad facts make bad law."